Man's life sentenced tossed after 21 years behind bars

Procopio says infant son's 1993 death was accident

Marie Procopio spent the weekend at her Peabody home telephoning family and friends to say her son, Jay, 54, finally has a chance at freedom.

On Friday, she went to MCI-Shirley to tell Jay in person. Her son was shocked an appeals court judge overthrew his life sentence.

"At first he didn't believe it and he said, ‘Mom, stop kidding me. It's not true.’ And I said, ‘Jay, it won't be long now before you get out.’ And we all started to cry," she said.

Jay Procopio has spent 21 years behind bars for the death of his 5-month-old son Eric. Jay Procopio, all along, declared it was an accident.

"He said he threw the baby up in the air and he missed him, and he went down on the floor. That's what killed him. He gave him mouth to mouth, but he died a day or two later," said Marie Procopio.

Procopio's family and attorneys say Jay Procopio is "significantly challenged mentally." Although he begged a judge in 1993 to believe it was an accident, he also pleaded guilty to second-degree murder.

"You can be sitting with him and he gets a fraction of what you're saying," said attorney Sandra Bloomenthal, who took on the case three years ago to fight for the appeal.

"My client did not waive his right to a jury in an intelligent manner basically because of his handicap. He basically was not heard," said Bloomenthal.

Procopio's attorney feels they're on the road to justice and she is waiting to be heard in Middlesex Superior Court. Prosecutors are reviewing the ruling.

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